Bit(ch) 21: That I-Survived Spidey Sense

At one point yesterday, halfway through a sentence, handing over a bolt cutter, my Spidey sense went off—because of a mix up, I was alone in the house with 2 crews of working men, about 7-8 in all, 1 fairly well known to me, another sort of, the other strangers who poured out of a truck in front my house. My I Survived lessons kicked in—I was near 2 tool boxes, I had at least 1 ally [though from what I learned from I Survived, that can mean nothing at the exact moment you need it to], and my cell was in my back pocket so I was good to go.

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UPDATE: Bit(ch) 20: “simple rape”

8 highlights from Mayor Mitch Landrieu’s news conference on NOPD sex-crime scandal. nola.com, 11/18/14, 3:33 PM.

New Orleans police chief, mayor to announce NOPD task force after OIG report. WDSU.com, 11/18/14, updated 11:22 AM.

“We are looking at them because a big part of this problem is adequate supervision and system failure,” Harrison said. “So what we’re doing now is building [a] system of accountability to ensure this doesn’t happen again.”

“The second thing is the internal investigation to ascertain if we violated any criminal or any administrative laws,” Harrison said. “Then we will prosecute them to the fullest extent of the law…all the way up to termination.”

“We’re looking for who gave instruction, who missed this, how did this system break [and] how we did miss this,” Harrison said.

from the live press conference on WDSU.com:

“a failure of leadership”

“make sure every case involving a child is looked at thoroughly”

Much progress made 4 years ago didn’t seem to reach these detectives and their supervisors will also be investigated to see how all this shit slipped through. All the cases will be re-examined like cold cases—witnesses re-interviewed, evidence re-examined, etc. Much faith expressed in Cmdr. Noel by community groups and advocates.

“reconstruct the unit–it’s reconstructed now”

“we missed it, we need to go back and fix it”

“building a new system of accountability”

“since the DOJ report of 2011…”

“when we got here the complete department was in disarray”

“we’d actually made great progress in the department over the past 2 years…I’m very thankful for all the reforms we have in place”

“most in this department are doing incredible work every day”

“we have to earn the people’s trust that we’re going to do the right things for the right reasons”


 

RS 14:43
§43.  Simple rape
A.  Simple rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances:
(1)  When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim’s incapacity.
(2)  When the victim, through unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victim’s incapacity.
(3)  When the female victim submits under the belief that the person committing the act is her husband and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.
B.  Whoever commits the crime of simple rape shall be imprisoned, with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than twenty-five years.
Acts 1978, No. 239, §1; Acts 1990, No. 722, §1; Acts 1995, No. 946, §2; Acts 1997, No. 862, §1; Acts 2001, No. 131, §1; Acts 2001, No. 301, §1; Acts 2003, No. 232, §1; Acts 2003, No. 759, §1; Acts 2010, No. 359, §1.


Detective D
Detective D was assigned 11 simple rape cases during the three year time period. Five had no supplemental reports documenting any investigative effort beyond the initial report; one had no file at all; and one was presented to the DA’s Office. Detective D told at least three different individuals that Detective D did not believe that simple rape should be a crime.
* In one case, Detective D wrote that no DNA evidence was discovered. However, this was directly contradicted by Louisiana State Police DNA Laboratory records which showed
that DNA evidence had been discovered.
* In another case, the victim went to the hospital for a SANE examination. The SANE nurse reported that the victim said that she was receiving threatening text messages from the assailant; however, there was no documentation that Detective D attempted to obtain any phone records or text messages. The SANE Nurse also collected potential DNA evidence from the victim that was collected in a sexual assault kit; however, a review of LSP DNA Laboratory records revealed that Detective D never submitted the kit for testing. A review of the sex crimes log book maintained by the Special Victims Section revealed that Detective D made an entry for this case which stated that Detective D would not submit the kit to the DNA lab because the sex was consensual. [emphasis added]

Report of Inquiry into Documentation of Sex Crimes Investigations by Five Detectives in the Special Victims Section of the New Orleans Police Department. Office of Inspector General, City of New Orleans, 11/12/14. PDF.

Detective D and the others in the audit have been identified by the NOPD and reassigned. Not necessarily in that order.

The five detectives — Akron Davis, Merrill Merricks, Derrick Williams, Damita Williams and Vernon Haynes — represented the majority of the Special Victims Section, which had between eight and nine detectives throughout the three-year period.

All are now patrolling the streets. Davis, who was the lone child-abuse detective, has been transferred to the 5th District in the St. Claude area. (Read a summary of problems found with Davis’ work.) Merricks was moved to the 2nd District Uptown, and the remaining three were all moved to the 7th District in eastern New Orleans.

They were identified as particularly unproductive by the inspector general’s office last spring while auditors were looking into a pattern of rape misclassification in the department.

Supervisors Louis Gaydosh and James Kelly were transferred to patrol duties and are also under investigation.

The crimes that leave the largest and most permanent impact left to “particularly unproductive” detectives, one of whom believes that if you are unconscious and someone puts his dick in you somewhere that that is your fault and not at all a crime. As if it’s like walking into the wrong door and just merits an “Excuse me” and a sheepish grin. Even if my front door is wide open, it’s a crime if you come in and steal my TV or car keys. The TV and car keys and car are mine, not yours, not to be taken but left alone. Close the door and move on.

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Bit(ch) 20: “simple rape”

RS 14:43
§43.  Simple rape
A.  Simple rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances:
(1)  When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim’s incapacity.
(2)  When the victim, through unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victim’s incapacity.
(3)  When the female victim submits under the belief that the person committing the act is her husband and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.
B.  Whoever commits the crime of simple rape shall be imprisoned, with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than twenty-five years.
Acts 1978, No. 239, §1; Acts 1990, No. 722, §1; Acts 1995, No. 946, §2; Acts 1997, No. 862, §1; Acts 2001, No. 131, §1; Acts 2001, No. 301, §1; Acts 2003, No. 232, §1; Acts 2003, No. 759, §1; Acts 2010, No. 359, §1.


Detective D
Detective D was assigned 11 simple rape cases during the three year time period. Five had no supplemental reports documenting any investigative effort beyond the initial report; one had no file at all; and one was presented to the DA’s Office. Detective D told at least three different individuals that Detective D did not believe that simple rape should be a crime.
* In one case, Detective D wrote that no DNA evidence was discovered. However, this was directly contradicted by Louisiana State Police DNA Laboratory records which showed
that DNA evidence had been discovered.
* In another case, the victim went to the hospital for a SANE examination. The SANE nurse reported that the victim said that she was receiving threatening text messages from the assailant; however, there was no documentation that Detective D attempted to obtain any phone records or text messages. The SANE Nurse also collected potential DNA evidence from the victim that was collected in a sexual assault kit; however, a review of LSP DNA Laboratory records revealed that Detective D never submitted the kit for testing. A review of the sex crimes log book maintained by the Special Victims Section revealed that Detective D made an entry for this case which stated that Detective D would not submit the kit to the DNA lab because the sex was consensual. [emphasis added]

Report of Inquiry into Documentation of Sex Crimes Investigations by Five Detectives in the Special Victims Section of the New Orleans Police Department. Office of Inspector General, City of New Orleans, 11/12/14. PDF.

Detective D and the others in the audit have been identified by the NOPD and reassigned. Not necessarily in that order.

The five detectives — Akron Davis, Merrill Merricks, Derrick Williams, Damita Williams and Vernon Haynes — represented the majority of the Special Victims Section, which had between eight and nine detectives throughout the three-year period.

All are now patrolling the streets. Davis, who was the lone child-abuse detective, has been transferred to the 5th District in the St. Claude area. (Read a summary of problems found with Davis’ work.) Merricks was moved to the 2nd District Uptown, and the remaining three were all moved to the 7th District in eastern New Orleans.

They were identified as particularly unproductive by the inspector general’s office last spring while auditors were looking into a pattern of rape misclassification in the department.

Supervisors Louis Gaydosh and James Kelly were transferred to patrol duties and are also under investigation.

The crimes that leave the largest and most permanent impact left to “particularly unproductive” detectives, one of whom believes that if you are unconscious and someone puts his dick in you somewhere that that is your fault and not at all a crime. As if it’s like walking into the wrong door and just merits an “Excuse me” and a sheepish grin. Even if my front door is wide open, it’s a crime if you come in and steal my TV or car keys. The TV and car keys and car are mine, not yours, not to be taken but left alone. Close the door and move on.

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hctiB G: What I Learn from I Survived

originally posted Feb 11, 2012


See I Survived…I Survived…I Survived…, July 1, 2011, for background.

 

1. For women: When a man threatens with a gun or knife and tells you to do what he says and he won’t hurt you, he will hurt you whether you comply or not.

1A. “You won’t get hurt” doesn’t count rape, gang rape, or being beaten. It means, and only temporarily, that you will not be killed.

1B. Whether you resist or not, you have a 50% or so chance of surviving. You lose nothing by resisting or saying no, running or fighting with whatever you have.

1C. Begging for your life means nothing. If he wants to and has come to kill you, no appeal to humanity, not his and especially not yours, will change the course of events.

2. If you are taken away from your original location, it is unlikely that you will be returned to that location, alive or dead.

3. If you are lost in a blizzard or dangerous cold, eating snow may satisfy your thirst but it will lower your core body temperature and make you more vulnerable to hypothermia.

4. If your gut tells you something is wrong, with a situation, a person, an open door, a light that shouldn’t be on, do not second-guess yourself. Back away, leave the car locked, hide. Don’t think you can talk your way out of it. Don’t ignore your fear. Too many stories begin with a survivor double-guessing herself or himself, sensing danger ahead, dismissing it because of ____ [I know this man, he looked clean-cut, she always seemed nice, I was tired, I didn’t want to be rude, etc.], ending with the survivor in a trunk or bleeding or blacking out with hands around the throat.

5. People are capable of evil. You cannot tell by looking at someone whether he or she is evil or not. Heed lesson #4.

6. An animal predator may give up the attack if you make it harder for it to kill you [blows to its head or eyes, a hard fight, someone nearby also fighting, etc.]. At some point, it may decide you’re not worth the struggle and simply walk away.

7. You cannot prepare for evil. Evil happens.

I knew this before I Survived.

8. Hope can be regained in even the most dire moments. Thoughts of family, goals, a brief pause in the abuse, an appeal on TV that family is looking for you and don’t give up, a shower, dawn. Any shard of hope is enough.

9. Most people will not help, even if, and especially if, you are covered in blood, holding a gunshot wound, or naked and bleeding. Cars slow down and speed off. People don’t believe their eyes or fear their lives will be in danger if they stop or help. They call 911 on you. They tell you, I’m sorry but I can’t open the door, I’m so sorry.

10. Think. Survivors are thinkers, plotters, schemers, those who can keep a corner of clarity in the mind, who resist the panic as much as they can, who don’t jump into the icy water but scan for the best option using whatever they can muster or remember.

10A. You can fall apart later, when you hear the police at the door or outside the trunk, see the headlights, hear the paramedic or police officer or son or neighbor speak.

10B. Though it may not prevent you from getting hurt, being a bit smarter than your attacker can save your life.

10C. Also, being more determined than your attacker. See #6.

11. You will lose something. A foot. A best friend. Safety, temporarily. Childhood. Hikes in the woods. But not everything, or what is most important.

__________

Screenshot: Biography, I Survived videos: Kaye: Intruder.

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“comfort letters” in low-tax Luxembourg

Leaked Docs Expose More Than 340 Companies’ Tax Schemes In Luxembourg. HuffPo. 11/5/14.

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LA Study on Body Image Flexibility: Register for Study

body image LA research flyer

https://www.surveymonkey.com/s/bodyimageregister

http://www.louisianacontextualscience.com/#!body-image-flexibility/crvf

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hctiB G: Whoa, Whoa, Back the Hell Up!

originally posted Jan 9, 2008


 

Missouri Governor Convenes Abortion “Taskforce”:

The group’s members are examining “the physical, emotional, social and economic effects of abortion,” reports the Associated Press. Blunt has said that he will begin the taskforce with the “presumption that abortion has a negative impact on Missouri children, Missouri women, Missouri men, because it’s harmful to society.”

According to the Associated Press, the Governor’s taskforce is made up only of abortion opponents. John McCastle, president of Alliance for Life-Missouri and one of the main recruiters for the taskforce, said he plans to investigate whether abortion leads to crime and claims that he has read “unspecified studies” suggesting that a significant majority of female prisoners have had abortions, reports the Kaiser Daily Women’s Health Policy Report.

The warrant that abortion is “harmful to society” is based on what beliefs? That abortion is the murder of babies? That “life” begins when a sperm touches an egg? That abortion is criminal behavior because women are involved?

When I taught argument, students hated when I called them out for stacking their support, often in opposition to accepted or scientific fact and findings. If you only look for what already supports your opinion or religious faith, you are not investigating, doing research or analyzing. The anti-abortion groups who got a grand jury convened in Kansas also feel that the only way to find The Truth is to stack the deck:

Kansans for Life and Operation Rescue are upset that the prosecutor in charge of guiding the grand jury works for Sedgwick County District Attorney Nola Foulston, a Democrat.

On Tuesday, they asked Buchanan to dismiss Foulston’s office and appoint special counsel.

Ann Swegle, a deputy district attorney under Foulston, is the prosecutor of record for the grand jury, according to the instructions given to the panel Tuesday.

The leader for Operation Rescue said he hoped for an aggressive prosecutor for this grand jury. That’s why Troy Newman said his group and Kansans for Life sought to disqualify Foulston’s office.

“We have a serious situation of the appearance of impropriety,” Newman said Tuesday.

Anti-abortion groups see Foulston as aligned with abortion rights supporters. Foulston has said the duty of her office is to follow the law.

Anti-abortion groups empaneled a grand jury in the spring of 2006 to look into the death of a woman who had visited Tiller’s clinic. The grand jury brought no charges in the woman’s death, echoing the findings of state medical authorities. The groups publicly blamed Swegle for not pushing the charges.

That fall, then-Attorney General Phill Kline tried to file criminal charges against Tiller in Wichita. Foulston pointed to a state law that said Kline needed her permission to file a case in her district. A district judge sided with Foulston and dismissed the charges.

Though Dr. George Tiller is facing 19 misdemeanor charges from his dealings with another doctor, the grand jury was not convened for that but to find out if/that Dr. Tiller is performing illegal late-term abortions. Here, too, the anti-abortion side wants people who agree with them to investigate in spite or because of the blinding bias that can only be found in a true anti-abortion bark eater.

Disclosure: I’ve got my own bias on this issue. One, I’m a woman. Two, I’ve had an abortion. Three, I cannot think of many other medical procedures or medical decisions that are legislated like abortion. Four, I think there can be inherent problems with men deciding this issue since there is no male corollary—abortion is nothing like an angioplasty or a prostate exam. Five, I’m an atheist. Six, I do not believe that life as I see it begins at conception. I see life involving a certain degree of independence, and the embryo/fetus is not independent. Even after birth, the first 3 months of a baby’s life is a transition from fetus to baby. Scientists cannot agree when life begins and I’m not qualified to question or condemn the science available. Seven, as someone who has been pregnant, carried to term and given birth (without an epidural or morphine or anything, thank you very much), I find Susan Sontag’s analogy fitting—that pregnancy is like having another person connected to you via life support equipment—and agree with Adrienne Rich’s assertion that the fetus is not the same as the woman, as myself, and that even though it occupies part (and then much) of my body, it is also “Not-Me.” And eight, I know all too damn well that the anti-abortion warrant that women blithely enter clinics and rejoice at the “death of a child”‘ is hateful bullshit. It is not an easy decision, regardless of religion, political stance, law, medicine, etc.

And “When mothers don’t plan to get pregnant, adult children think less of themselves.” I know more about that than I’d like to.

Additional reading:

Both sides protest as Tiller grand jury empaneled

Operation Rescue Files 11th Hour Motions to Remove District Attorney, AG from Abortion Grand Jury

Grand Jury Set to Convene on Dr Tiller

Analysis: Blunt task force examining how abortions affect women

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“Any body is a good place to be if you’re listening to it and taking care of it”: Lizzo


also see “Resource”!

 

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When Victims Get Life in Prison

…they are generally women:

http://s3-ec.buzzfed.com/static/2014-09/30/16/enhanced/webdr11/enhanced-mid-23958-1412110393-1.jpg

Maximum Possible Prison Time under Failure-to-Protect Laws: Buzzfeed News

BATTERED, BEREAVED, AND BEHIND BARS. Buzzfeed News, 10/2/14.

If a violent partner threatened her child, “I would sacrifice my life 10 times out of 10,” said Carmen White, the Dallas prosecutor — and mother — who pressed charges against Lindley. The law provides justice for child victims, she said, and it sends a message to mothers about their duties.

Only a few states provide an exception for parents who feared for their safety at the time the violence occurred. In some of these states, that exception is narrow or limited, leaving battered women open to prosecution.

Prosecutors often use the violence a mother endured as evidence against her. Since she was battered, they sometimes argue, she should have left the relationship, taking herself and her child to safety.

Advocates have tried but failed to compile national figures on how many women get prosecuted and sentenced under these laws. BuzzFeed News created its tally by focusing on 29 states that allow for sentences of at least 10 years. But because of limitations in the data provided by different states, BuzzFeed News’ tally is conservative; the actual number of cases is likely higher.

Where there is evidence of the women being battered, the case files describe them being punched, throttled, kicked, whipped, or raped — often in combination — at or around the time their assailants were doing the same to their children. “My husband took full possession of me and my life,” a mother in Tennessee told the court right before her 15-year sentence was handed down.

Domestic violence advocates say these cases signal a deep misunderstanding of what it means for women to be trapped in abusive relationships. Many such women fear alerting authorities, because doing so can provoke their partners to extreme violence. Moreover, authorities often fail to protect battered women and their children. Advocates also say that imprisoning these women serves little purpose and deprives any surviving children of their mother. [emphasis added]

The laws against failing to prevent child abuse are written to cover both fathers and mothers. And, in fact, women perpetrate 34% of serious or fatal cases of physical abuse of children, according to the latest congressionally mandated national study of child abuse. But interviews and BuzzFeed News’ analysis of cases show that fathers rarely face prosecution for failing to stop their partners from harming their children. Overwhelmingly, women bear the weight of these laws.

BuzzFeed News found a total of 73 cases of mothers who, regardless of whether they were battered, were sentenced to 10 years or more. For fathers, BuzzFeed News found only four cases.

From a different perspective, White agreed, saying that severe punishments generally fit “what people believe” should happen to mothers who shirk their duty to their children.

So my male partner nearly beats me to death and in that same time frame beats one of my children to death but I as The Mother am held to a higher standard of responsibility so deserve more punishment for being dominated and terrorized by a man who could have chosen not to do any of that violence? The woman is more responsible because…oh, right, she’s a fucking woman, I forgot. Her life is supposed to mean shit in the face of another human’s suffering, need, impending death at the hand of an adult who could, if he chose, stop what the fuck he’s doing and not kill the child, rape his spouse, punch the cop. So if she doesn’t die at his hands in some delusional attempt to save a child’s life—once she’s dead, what stops him from killing the child anyway? Or is it simply that her death is expected, needed, a blood sacrifice demanded because of a man’s actions—she is the one to blame, she is the one who “failed” the child, and the male partner who beat the child to death, in some states, can get less time than the mother? 2014 and too many still think of women as baby vessels and child rearers with no value of their own. Appendage or die because who fucking needs you.

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“we stand by every righteous being”

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